The death of a family member or loved one is stressful, to say the least. The legal issues around death can be complex. We can help with your Will and settling an estate.

The Holmes-Rahe Stress Inventory rates various life events for stress. Not surprisingly, the death of a spouse is the top item and death of close family is in the top five too. It’s not surprising then that it’s at a time like this that Personal Representatives and families turn to lawyers to help them. The legal issues around death can be complex. A lawyer can help you with your Will and with settling an estate.

WHAT IS PROBATE AND HOW CAN A LAWYER HELP? Probate is the process by which estates get settled after someone dies. It’s a court process so it can be complicated and involve legal terminology. It’s important for anybody writing a Will, for any beneficiary of a Will, and for anybody named as Personal Representative of an estate that it is handled properly. Using their knowledge of estate law, a lawyer can help the process of administering an estate after someone has died. They ensure that the decedent's instructions are followed and their heirs receive any inheritance with minimum stress.

1. DRAFTING A WILL. There are DIY Will writing options available on the market but there are consequences for your heirs if you get it wrong. Not only can your poorly drafted Will be contested but it can also cause stress and conflict for your heirs. The best way of ensuring that your wishes are followed on your death is to have your Will drafted by an experienced lawyer.

2. PROTECT THE ESTATE. A lawyer can help ensure that the decedent's wishes and the interests of their families are protected. Legal claims are sometimes made after a death. These claims against the estate are difficult to fight without legal training and experience. Hiring a lawyer to handle claims against the estate helps reduce the anxiety families feel when having to deal with an unfamiliar process at what may be a difficult time.

3. SPEED UP PROBATE. The probate process can be complex and, depending on the details of the Will, it may not run smoothly. An experienced lawyer can assist an untrained Personal Representative to navigate the legal process. They can help resolve the many financial and legal matters that arise with a minimum of fuss and delay.

4. SUPPORT PERSONAL REPRESENTATIVES AND HEIRS. As Personal Representative, you are likely to have many questions about how to fulfill your responsibilities. As an heir, you may have questions about the probate process and what to expect. A lawyer helps reduce confusion and doubt about these legal matters.

A lawyer can help Personal Representatives with court filings, debt settlement, appraising assets, and distributing inheritance. The role of Personal Representative is fraught with potential pitfalls that leave the PR open to personal legal risks. Some professional help may be a relief.

5. REDUCE FAMILY CONFLICT. A death can result in a range of emotional reactions. There is grief but it can also be a time of tension between family members and other heirs. Disputes about the estate based on differing expectations do occur. A lawyer may help reduce these tensions more effectively than people more closely involved. The professional detachment of a lawyer and understanding of the probate process can calm things down.

If you have been named Personal Representative in someone's Will and have questions about the probate process or how we can be of assistance, give us a call at 253.858.5434 to set up an appointment today.